Naeem Ahmed v. Late Mahavir Vaid (Deceased Through Legal Heirs) & ORS

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 669/2014 NAEEM AHMED ..... Appellant Through : Mr.Shashi Saxena, Advocate.

versus LATE MAHAVIR VAID (DECEASED THROUGH LEGAL HEIRS) & ORS ..... Respondent Through : None.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 23.10.2019 CM APPL.No.46704/2019 This application is moved by the appellant and respondent no.1(a) and 1(b) who are the LRs of late Sh.Mahavir Vaid stating inter alia they have entered into a compromise and have settled all the disputes in terms of the compromise and that the respondents no.1(a) and 1(b) have executed a sale deed in respect of the property bearing no.5009, Rui Mandi, Sadar Bazar, Delhi-110006 on 12.09.2019, duly registered with the Sub-Registrar Office, Delhi in favour of Mr.Bilal Ahmed, son of the appellant herein and have also received the entire consideration and now no dispute is left between the parties. It is further alleged Smt.Prabha Devi and Sh.Ashutosh, respondent no.1(a) and 1(b) both represented to the appellant that Late Sh.Mahavir Vaid during his lifetime has executed a Will dated 20.04.2004 duly registered whereby he bequeathed the entire share in

the suit property to 1/2 share to each and now the respondent no.1(a) and 1(b) are competent to enter into this compromise. Smt.Prabha Devi and Sh.Ashutosh have 50% share each in the suit property. It is also agreed between the parties the amount of Rs.5.00 lacs deposited by the appellant herein in this Court in the form of FDR bearing no.000599 dated 11.05.2000 along with upto date interest thereupon be paid to the appellant herein.

In the circumstances the application is allowed and the appeal stands dismissed as withdrawn and the amount of Rs.5.00 lacs deposited on 11.05.2000 in the name of Registrar General of this Court be released with upto date interest accrued thereupon in favour of the appellant or to his authorised representative/attorney The application stands disposed of.

YOGESH KHANNA, J.

OCTOBER 23, 2019 DU